Appeals court upholds DiGuglielmo's conviction

The New York Court of Appeals today upheld Richard DiGuglielmo?s conviction in the death of a Dobbs Ferry man.

The former police officer has already served more than 12 years in prison. His attorney appealed the original conviction, then a mid-level court set him free, saying some critical evidence was left out.

The court of appeals heard DiGuglielmo?s final arguments last month. Now, it has ruled that the evidence that was left out during the original trial likely wouldn?t have lead the jury to any other conclusion.

On Oct. 3, 1996, DiGugliemo shot and killed Charles Campbell in what started as a fight over a parking space outside the DiGuglielmo family deli in Dobbs Ferry.

DiGuglielmo claimed he shot in self defense because Campbell was swinging a metal bat at his father.

DiGuglielmo's attorneys say that critical information was left out. Jurors never heard testimony from a witness who told police he saw the victim swinging the bat at DiGuglielmo's father when the fatal shots were fired.

It took the court of appeals less than a month to make its ruling. DiGuglielmo will now serve the remainder of his sentence of 20 years to life in prison. He will not be eligible for parole until 2019.

DiGuglielmo's attorney says they do plan to appeal in federal court.

New York's high court hears appeal in 1996 Dobbs Ferry murder Ex-cop?s family to appeal reinstated convictionCourt reinstates ex-cop's murder conviction

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